Richardson & Wrench Ltd v Peet & Co Ltd & Anor [1987] FCA 812

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IN THE FEDERAL COURT OP LIA ) : ) NEW SOUTH WALES DISTRICT REGISTRY ) No. G 71 of 1987 8 ) GENERAL DIVISION )

RICHARDSON & WRENCH LIMITED

Applicant

RECEIVED

PEET & COMPANY LIMITED

11 JUN 1999

FECEAAL COURT OF i "AUS First Respondent PRINCIPAL

ANTHONY WAYNE LENNON

Second Respondent

18 March 1987 REASONS FOR JUDGMENT

LOCKHART J.

This is an application by Richardson and Wrench Limited ("the applicant") for injunctive relief against Peet and Company Limited and Anthony Wayne Lennon. The applicant seeks to restrain the first respondent from using in its advertising and promotional material a logo or insignia in the form of an arrow or isosceles triangle with certain accretions thereto which, it is said by the applicant, are substantially the same or deceptively similar to its own logo or

insignia which it uses, inter alia, on its promotional advertising

material and letterhead.

The application was filed in the Sydney registry of this Court on 25 February 1987 and a return date was given for the hearing

of the applicant's motion for interlocutory injunctions today.

2.

The subject of the applicant's complaint arose as long ago as May 1986. The applicant, therefore, seeks interlocutory injunctive relief on grounds that are of long standing, although the alleged offending conduct of the respondents may have either accelerated recently or reached a point which the applicant regards as unacceptable. I raised this matter immediately when I came on the bench rather than embark upon a hearing of the application for interlocutory injunctions since it was likely that a date could be given for the final hearing of this matter in the not too distant future. In these circumstances, as so often happens in cases of this kind, it would be quite academic and futile to embark on a hearing of

the application for interlocutory injunctive relief.